Servcorp Ltd v Nuclei Ltd - [2011] FCA 1229

FEDERAL COURT OF AUSTRALIA
Servcorp Ltd v Nuclei Ltd [2011] FCA 1229

Citation: Servcorp Ltd v Nuclei Ltd [2011] FCA 1229

Parties: SERVCORP LTD ACN 089 222 506, SERVCORP CHIFLEY 29 PTY LTD ACN 102 643 765, SERVCORP MELBOURNE 27 PTY LTD ACN 102 643 738, SERVCORP TOKYO KK, SERVCORP MARUNOUCHI KK and SERVCORP FUKUOKA KK v NUCLEI LTD

File number(s): NSD 1631 of 2010

Judge: ROBERTSON J

Date of judgment: 2 November 2011

Catchwords: PRACTICE AND PROCEDURE – application to amend statement of claim – application for separate hearing of questions of liability and quantum

Legislation: Federal Court Rules 2011 rr 16.53, 30.01

Cases cited: Reading Australia Pty Ltd v Australian Mutual Provident Society (1999) 217 ALR 495 cited

Date of hearing: 26 October 2011

Place: Sydney

Division: GENERAL DIVISION

Category: Catchwords

Number of paragraphs: 40

Counsel for the Applicants: Mr JRJ Lockhart SC

Solicitor for the Applicants: HWL Ebsworth Lawyers

Counsel for the Respondent: Mr F Gleeson SC with Mr MA Izzo

Solicitor for the Respondent: Minter Ellison

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY

GENERAL DIVISION

NSD 1631 of 2010

BETWEEN:
SERVCORP LTD ACN 089 222 506
First Applicant

SERVCORP CHIFLEY 29 PTY LTD ACN 102 643 765
Second Applicant

SERVCORP MELBOURNE 27 PTY LTD ACN 102 643 738
Third Applicant

SERVCORP TOKYO KK
Fourth Applicant

SERVCORP MARUNOUCHI KK
Fifth Applicant

SERVCORP FUKUOKA KK
Sixth Applicant

AND:
NUCLEI LTD
Respondent

JUDGE:

ROBERTSON J

DATE OF ORDER:

2 NOVEMBER 2011

WHERE MADE:

SYDNEY

THE COURT ORDERS THAT:
1.The applicants file and serve a proposed amended statement of claim by 23 November 2011.
2.The respondent notify the applicants in writing whether it accepts that the proposed amended statement of claim is consistent with these reasons, and if it does not so accept the basis of that position, by 30 November 2011, such document also to be filed.
3.The application that the trial of this proceeding be split on the questions of liability and quantum be dismissed.
4.The matter be listed for directions on 7 December 2011 for the purpose of making orders disposing of the applicants' interlocutory application, fixing a hearing date and making directions to ready the matter for trial.

Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY

GENERAL DIVISION

NSD 1631 of 2010

BETWEEN:
SERVCORP LTD ACN 089 222 506
First Applicant

SERVCORP CHIFLEY 29 PTY LTD ACN 102 643 765
Second Applicant

SERVCORP MELBOURNE 27 PTY LTD ACN 102 643 738
Third Applicant

SERVCORP TOKYO KK
Fourth Applicant

SERVCORP MARUNOUCHI KK
Fifth Applicant

SERVCORP FUKUOKA KK
Sixth Applicant

AND:
NUCLEI LTD
Respondent

JUDGE:

ROBERTSON J

DATE:

2 NOVEMBER 2011

PLACE:

SYDNEY

REASONS FOR JUDGMENT

Servcorp Ltd and the other applicants are providers of real and virtual office space. Nuclei Ltd ("Nuclei") operates or operated websites which allow users to search for real and virtual office space provided by third party suppliers of such…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Servcorp Ltd v Nuclei Ltd

Details

AGLC: Servcorp Ltd v Nuclei Ltd [2011] FCA 1229
Case: [2011] FCA 1229
Decision Date: 2 November 2011

CaseChat Overview and Summary

In the Federal Court of Australia, Servcorp Ltd brought an action against Nuclei Ltd. The nature of the dispute concerns claims related to breaches of contract, misrepresentation, and related issues arising from a commercial relationship. The Court was presented with two primary applications: one concerning an amendment to the statement of claim and the other seeking a separate hearing of the questions of liability and quantum.

The legal issues the Court needed to resolve were whether the proposed amended statement of claim should be allowed and if the trial should be split into separate hearings for liability and quantum. The Court examined the necessity and appropriateness of the proposed amendments, along with the procedural implications of splitting the trial. The Court also considered the respondent's potential objections to the amendments and the overall efficiency and fairness of the proposed trial structure.

The Court determined that the applicants should be given an opportunity to file and serve a proposed amended statement of claim. However, the application to split the trial on the questions of liability and quantum was dismissed. The Court reasoned that such a split could lead to unnecessary complications and inefficiencies in the proceedings. The Court then scheduled a directions hearing to manage the interlocutory application and to set a date for the trial, ensuring the case progresses in an orderly and efficient manner.

The final orders included a directive for the applicants to submit their proposed amended statement of claim by a specified date, a requirement for the respondent to communicate their acceptance or objections to the amendments, and the dismissal of the application to split the trial. The matter was listed for a directions hearing to manage the remaining procedural issues and to prepare the case for trial.

Orders

Orders of the court

1. The applicants file and serve a proposed amended statement of claim by 23 November 2011.

2. The respondent notify the applicants in writing whether it accepts that the proposed amended statement of claim is consistent with these reasons, and if it does not so accept the basis of that position, by 30 November 2011, such document also to be filed.

3. The application that the trial of this proceeding be split on the questions of liability and quantum be dismissed.

4. The matter be listed for directions on 7 December 2011 for the purpose of making orders disposing of the applicants' interlocutory application, fixing a hearing date and making directions to ready the matter for trial.

Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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Citation:		Servcorp Ltd v Nuclei Ltd [2011] FCA 1229
Parties:		SERVCORP LTD ACN 089 222 506, SERVCORP CHIFLEY 29 PTY LTD ACN 102 643 765, SERVCORP MELBOURNE 27 PTY LTD ACN 102 643 738, SERVCORP TOKYO KK, SERVCORP MARUNOUCHI KK and SERVCORP FUKUOKA KK v NUCLEI LTD
File number(s):		NSD 1631 of 2010
Judge:		ROBERTSON J
Date of judgment:		2 November 2011
Catchwords:		PRACTICE AND PROCEDURE – application to amend statement of claim – application for separate hearing of questions of liability and quantum
Legislation:		Federal Court Rules 2011 rr 16.53, 30.01
Cases cited:		Reading Australia Pty Ltd v Australian Mutual Provident Society (1999) 217 ALR 495 cited
Date of hearing:	26 October 2011
Place:	Sydney
Division:	GENERAL DIVISION
Category:	Catchwords
Number of paragraphs:	40
Counsel for the Applicants:	Mr JRJ Lockhart SC
Solicitor for the Applicants:	HWL Ebsworth Lawyers
Counsel for the Respondent:	Mr F Gleeson SC with Mr MA Izzo
Solicitor for the Respondent:	Minter Ellison

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
GENERAL DIVISION	NSD 1631 of 2010

JUDGE:	ROBERTSON J
DATE OF ORDER:	2 NOVEMBER 2011
WHERE MADE:	SYDNEY

JUDGE:	ROBERTSON J
DATE:	2 NOVEMBER 2011
PLACE:	SYDNEY